How would I pursue this? Harassment, libel?

[typrice74]

What is the name of your state (only U.S. law)? VA

I have an annoying ex who recently somehow obtained phone numbers of my friends and sent out a message saying "Rumors are (my name) had $ex with several guys and there were nude pics. Pics will be posted soon online!"

He sent this from an email address, and it could be a fake e-mail account he created because it's not any of his normal ones. But he sent this message out to like 15 people and they all came to me telling me they got this message.

I did, unfortunately give him nude pics of me when we were together.

What can I do?? Can I have him in court for harassment? Threat? Libel? Blackmail? He never sent me a message just went to my friends. I'm worried that he will be bold and do something like this. What can I do?

Thank you.

 

[tranquility]

While there are legal theories which might help (The first which comes to mind is public disclosure of private facts.), proving them up will be hard.

It's not extortion, there's no threat for something. It doesn't seem defamatory and there really isn't a tort called harassment.

Any theory will require an attorney to prosecute. If the situation is completely unacceptable, get an attorney. Since you have little in damages and all you're really looking for is to stop them, you will have to come up with money to pay him.

The pictures may be covered under a copyright theory too. But, that is a problematical as well as, if you're in the picture, you are probably not the one who took them.

 

[typrice74]

So are you saying I really don't have a case? He has constantly been doing these small attacks at me and he is trying to embarass me in front of my friends.

If he posts those pictures, I did take them, but would I need to prove I took them?

 

[tranquility]

Re-posting the pictures you "gave" him may be a problem for him. But, what did you "give" him? If he re-posts, it could be in violation of copyright--perhaps by exceeding his license. To make that case, AFTER HE RE-POSTS, you would have to prove you owned the copyright to them and that he exceeded the license you gave him. Both would be hard to prove in this situation--but would not be impossible.

I don't see you having a case right now. Wait until others get up and look at this, but I don't see it. It's not illegal to say mean things about others.

 

[stealth2]

Out of curiosity, since it is not his usual email - how do you KNOW he sent this message?

 

[typrice74]

@tranquility, I sent him photos of me two years ago via e-mail to his account. We were trading pictures at that time, and he is using this against me because he is mad I ended the relationship with him. So if I were to locate the e-mail I sent him, would I be able to prove I had original ownership since I sent it to him?

@stealth2, technically I don't know it is him, but there is nobody else who would treat me so raw like this so it could only be him. Could I subopena that e-mail provider to ask to verify if it is him? How much would this cost me?

 

[tranquility]

No. At best it could prove you gave them to him. It says nothing about your rights in the pictures. For example, say he has an e-mail proving he sent them to your dad. Does that prove he had ownership rights in them?

 

[stealth2]

Could I subopena that e-mail provider to ask to verify if it is him? How much would this cost me?

Sure. But expect the service provider to balk.

Seriously? I would consider this a lesson learned. Sharing nude pix is rarely a brilliant idea.

 

[Ohiogal]

So are you saying I really don't have a case? He has constantly been doing these small attacks at me and he is trying to embarass me in front of my friends.

If he posts those pictures, I did take them, but would I need to prove I took them?

Seriously, you GIFTED him with the pictures. They became his property to do with what he would when you gifted them to him. Embarrassing? Yes. But not really criminal OR something that can win you money.

How would you prove YOU took them if YOU are the one in them that is nude?

 

[Ohiogal]

@tranquility, I sent him photos of me two years ago via e-mail to his account. We were trading pictures at that time, and he is using this against me because he is mad I ended the relationship with him. So if I were to locate the e-mail I sent him, would I be able to prove I had original ownership since I sent it to him?

@stealth2, technically I don't know it is him, but there is nobody else who would treat me so raw like this so it could only be him. Could I subopena that e-mail provider to ask to verify if it is him? How much would this cost me?

You can't subpoena anyone unless you have an OPEN case.

 

[Ozark_Sophist]

OP should speak with a local attorney about an injunction.

 

[tranquility]

While speaking with an attorney is never the wrong answer, what would you have the injunction prohibit or mandate?

 

[typrice74]

Injunction to prevent uploading my private pictures on the web.
But would this not be a threat? I mean he is literally threatening to upload obscene pics of me.

 

[Ohiogal]

Injunction to prevent uploading my private pictures on the web.
But would this not be a threat? I mean he is literally threatening to upload obscene pics of me.

Obscene or pornographic or just nude? Those are different things. Obscene most likely doesn't mean what you think it means legally.

 

[st-kitts]

Seriously, you GIFTED him with the pictures. They became his property to do with what he would when you gifted them to him. Embarrassing? Yes. But not really criminal OR something that can win you money.

How would you prove YOU took them if YOU are the one in them that is nude?

The nude photos do NOT become the boyfriends property to do with as he would, when she gave them to him.

OP, look for some posts regarding nude photos being shared to others and responses from someone named Quincy. He is the site slander/libel/defamation expert and this same topic has been posted many times in the past several years.

This post is one that has some information from Quincy that is useful. You might also send Quincy a PM and see if he responds.

https://forum.freeadvice.com/libel-slander-defamation-88/nude-photos-my-full-name-contact-info-without-my-permission-573301-p3.html